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Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd [2024] FCA 1488
PATENTS – application for an interlocutory injunction by patent holder – where generic recently launched – where patent holder is claiming for infringement – where patent alleged to be invalid – whether balance of convenience favours the grant of an injunction – where there has been substantial delay on the part of the patent holder…
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McLean-Phillips v Carnival plc t/as P&O Cruises Australia (No 3) [2023] FCA 985
PRACTICE AND PROCEDURE – application for summary judgment, or alternatively to strike out the further amended statement of claim – whether the statement of claim now pleads the deficiencies in the services provided and a causal link between those deficiencies and the claimed loss – whether there is a reasonable prospect of establishing a breach…
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Medibank Private Limited v Australian Information Commissioner [2024] FCA 117
PRIVACY – investigation by Australian Information Commissioner – breach of Australian Privacy Principles – own initiative investigation under s 40(2) of Privacy Act 1988 (Cth) – representative complaint under ss 36 and 38 of the Act – injunction to restrain investigation under representative complaint – separate Federal Court representative proceeding dealing with overlapping issues –…
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd (No 2) [2024] FCA 106
INTELLECTUAL PROPERTY – whether information about extraction machine was confidential information owned by company where second respondent was former director – where machine had been identified by directors as suitable for proposed business prior to incorporation of company – where second respondent was informed about machine by third party on unrestricted basis – where evidence…
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Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9
ENVIRONMENTAL LAW – where the respondent holds a pipeline licence issued under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) authorising it to construct a 262km long gas export pipeline in the Timor Sea – where the applicants are Aboriginal people from the Tiwi Islands – where the pipeline would pass the west…
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North East Forest Alliance Inc v Commonwealth of Australia [2024] FCA 5
ENVIRONMENTAL LAW — construction of the Regional Forest Agreement Act 2002 (Cth) (RFA Act) — where a Variation Deed extended the existing Regional Forest Agreement for North East New South Wales (the NE RFA) — whether the varied NE RFA was still an RFA for the purposes of the RFA Act — where the definition…
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RB (Hygiene Home) Australia Pty Ltd v Proctor & Gamble Australia Pty Limited (No 3) [2023] FCA 1650
COSTS – determination of appropriate costs order – where application successful in part – where cross-claim successful – where applicant rejected offer of compromise Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1650For more information, see the original judgement.
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Coyne (deed administrator), in the matter of Obton Lotus Energy Rooftop Solar Pty Ltd [2023] FCA 1666
CORPORATIONS — Deed of Company Arrangement — setting up of Creditors’ Trust — transfer of shares in company — s 444GA of Corporations Act 2001 (Cth) — leave for deed administrator to effect transfer — effect of transfer — no unfair prejudice — interested party — director of transferor company — adjournment application — possible…
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
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